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7 May 2024, 9:47 am by DONALD SCARINCI
In other words, the court must find the defendant does not have A, does not have B, and does not have C. [read post]
7 May 2024, 7:43 am by centerforartlaw
The amicus brief focuses on the importance of the case for artists and freedom of expression, framing the February ruling as a threat to the First Amendment.[38] Specifically, the coalition seeks the court’s clarification that an artist’s intent to sell or otherwise commercialize their art does not impact the balancing test between trademark owners’ rights and artists’ rights.[39] In an interesting comparison, the brief notes that Hermès itself took the name… [read post]
6 May 2024, 5:10 pm by Eugene Volokh
The plaintiffs have not done so because Alabama's Attorney General, defendant Steve Marshall, has threatened to prosecute anyone who helps arrange abortions in other States. [read post]
6 May 2024, 2:34 pm by Brett Trout
As the issue related to personal jurisdiction in a patent infringement matter, the Federal Circuit applied “Federal Circuit Law” affording no deference to the lower court’s ruling. in determining whether or not LDG was subject to personal jurisdiction in Utah, the Federal Circuit examined three factors: (1) whether the defendant “purposefully directed” its activities at residents of the forum; (2) whether the claim “arises out of or relates… [read post]
6 May 2024, 10:41 am by INFORRM
These are, in substance, exemplary damages – the defendant does not have to demonstrate any loss or damage or even actual abusive conduct. [read post]
6 May 2024, 6:45 am by David Pozen
But as someone who studies public law and nonprofit law, I have been struck by a number of legal-institutional forces that helped bring Columbia to its current conjuncture—all of which relate, in various mutually reinforcing ways, to the power of the president’s office. 1. [read post]
6 May 2024, 5:58 am by Kenan Farrell
The defendant apparently began operating as Twisted Taters in July 2021, selling “gourmet ribbon fryz. [read post]
6 May 2024, 5:28 am by Andrew Lavoott Bluestone
Nor does plaintiff’s assertion about defendants’ alleged breach of the implied covenant of good faith and fair dealing rescue her breach of contract cause of action. [read post]
5 May 2024, 6:44 pm
While Hong Kong’s ratification to the International Covenant on Civil and Political Rights (ICCPR) occurred in 1976 during the colonial era as the United Kingdom’s ratification was extended to the then dependent territory, Annex I, Section XIV of the 1984 Sino-British Joint Declaration and Article 39 of Hong Kong’s Basic Law legally guarantee that the ICCPR remains in force in Hong Kong since the end of the colonial era on 1 July 1997. [read post]
4 May 2024, 11:48 am
In this case not so much as a morality story about the preservation of a society unwilling or unable to defend itself and protect its values, instill loyalty and commitment to its values, enhance the solidarity of its mass organs in principle and action. [read post]